(740 ILCS 110/2) (from Ch. 91 1/2, par. 802)
Sec. 2.
The terms used in this Act, unless the context requires otherwise,
have the meanings ascribed to them in this Section.
"Agent" means a person who has been legally appointed as an individual's
agent under a power of attorney for health care or for property.
"Confidential communication" or "communication" means any communication
made by a recipient or other person to a therapist or to or in the presence of
other persons during or in connection with providing mental health or
developmental disability services to a recipient. Communication includes
information which indicates that a person is a recipient.
"Guardian" means a legally appointed guardian or conservator of the
person.
"Mental health or developmental disabilities services" or "services"
includes but is not limited to examination, diagnosis, evaluation, treatment,
training, pharmaceuticals, aftercare, habilitation or rehabilitation.
"Personal notes" means:
(i) information disclosed to the therapist in |
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confidence by other persons on condition that such information would never be disclosed to the recipient or other persons;
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(ii) information disclosed to the therapist by the
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recipient which would be injurious to the recipient's relationships to other persons, and
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(iii) the therapist's speculations, impressions,
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"Parent" means a parent or, in the absence of a parent or guardian,
a person in loco parentis.
"Recipient" means a person who is receiving or has received mental
health or developmental disabilities services.
"Record" means any record kept by a therapist or by an agency in the
course of providing mental health or developmental disabilities service
to a recipient concerning the recipient and the services provided.
"Records" includes all records maintained by a court that have been created
in connection with,
in preparation for, or as a result of the filing of any petition or certificate
under Chapter II, Chapter III, or Chapter IV
of the Mental Health and Developmental Disabilities Code and includes the
petitions, certificates, dispositional reports, treatment plans, and reports of
diagnostic evaluations and of hearings under Article VIII of Chapter III or under Article V of Chapter IV of that Code. Record
does not include the therapist's personal notes, if such notes are kept in
the therapist's sole possession for his own personal use and are not
disclosed to any other person, except the therapist's supervisor,
consulting therapist or attorney. If at any time such notes are disclosed,
they shall be considered part of the recipient's record for purposes of
this Act.
"Record custodian" means a person responsible for maintaining a
recipient's record.
"Therapist" means a psychiatrist, physician, psychologist, social
worker, or nurse providing mental health or developmental disabilities services
or any other person not prohibited by law from providing such services or
from holding himself out as a therapist if the recipient reasonably believes
that such person is permitted to do so. Therapist includes any successor
of the therapist.
(Source: P.A. 89‑58, eff. 1‑1‑96; 90‑538, eff. 12‑1‑97.)
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(740 ILCS 110/4) (from Ch. 91 1/2, par. 804)
Sec. 4.
(a) The following persons shall be entitled, upon request,
to inspect and copy a recipient's record or any part thereof:
(1) the parent or guardian of a recipient who is |
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(2) the recipient if he is 12 years of age or older;
(3) the parent or guardian of a recipient who is at
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least 12 but under 18 years, if the recipient is informed and does not object or if the therapist does not find that there are compelling reasons for denying the access. The parent or guardian who is denied access by either the recipient or the therapist may petition a court for access to the record. Nothing in this paragraph is intended to prohibit the parent or guardian of a recipient who is at least 12 but under 18 years from requesting and receiving the following information: current physical and mental condition, diagnosis, treatment needs, services provided, and services needed, including medication, if any;
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(4) the guardian of a recipient who is 18 years or
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(5) an attorney or guardian ad litem who represents
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a minor 12 years of age or older in any judicial or administrative proceeding, provided that the court or administrative hearing officer has entered an order granting the attorney this right; or
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(6) an agent appointed under a recipient's power of
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attorney for health care or for property, when the power of attorney authorizes the access.
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(b) Assistance in interpreting the record may be provided without charge
and shall be provided if the person inspecting the record is under 18 years
of age. However, access may in no way be denied or limited if the person
inspecting the record refuses the assistance. A reasonable fee may be
charged for duplication of a record. However, when requested to do so in
writing by any indigent recipient, the custodian of the records shall
provide at no charge to the recipient, or to the Guardianship and Advocacy
Commission, the agency designated by the Governor under Section 1 of the
Protection and Advocacy for Developmentally Disabled Persons Act or to any
other not‑for‑profit agency whose primary purpose is to provide free legal
services or advocacy for the indigent and who has received written
authorization from the recipient under Section 5 of this Act to receive his
records, one copy of any records in its possession whose disclosure is
authorized under this Act.
(c) Any person entitled to access to a record under this Section may submit
a written statement concerning any disputed or new information, which statement
shall be entered into the record. Whenever any disputed part of a record
is disclosed, any submitted statement relating thereto shall accompany the
disclosed part. Additionally, any person entitled to access may request
modification of any part of the record which he believes is incorrect or
misleading. If the request is refused, the person may seek a court order
to compel modification.
(d) Whenever access or modification is requested, the request and any
action taken thereon shall be noted in the recipient's record.
(Source: P.A. 88‑484; 89‑439, eff. 6‑1‑96.)
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(740 ILCS 110/9) (from Ch. 91 1/2, par. 809)
(Text of Section WITH the changes made by
P.A. 89‑7, which has been held unconstitutional)
Sec. 9.
Therapist's disclosure without consent.
In the course of
providing services and after the conclusion
of the provision of services, a therapist may disclose
a record or communications without consent to:
(1) the therapist's supervisor, a consulting |
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therapist, members of a staff team participating in the provision of services, a record custodian, or a person acting under the supervision and control of the therapist;
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(2) persons conducting a peer review of the services
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(3) the Institute for Juvenile Research and the
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Institute for the Study of Developmental Disabilities;
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(4) an attorney or advocate consulted by a therapist
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or agency which provides services concerning the therapist's or agency's legal rights or duties in relation to the recipient and the services being provided; and
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(5) the Inspector General of the Department of
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Children and Family Services when such records or communications are relevant to a pending investigation authorized by Section 35.5 of the Children and Family Services Act where:
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(A) the recipient was either (i) a parent,
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foster parent, or caretaker who is an alleged perpetrator of abuse or neglect or the subject of a dependency investigation or (ii) a non‑ward victim of alleged abuse or neglect, and
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(B) available information demonstrates that the
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mental health of the recipient was or should have been an issue to the safety of the child.
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In the course of providing services, a therapist may disclose a
record or communications without consent to any department, agency,
institution or facility which has custody
of the recipient pursuant to State statute or any court order of commitment.
Information may be disclosed under this Section only to the extent that
knowledge of the record or communications is essential to the purpose for
which disclosure is made and only after the recipient is informed that such
disclosure may be made. A person to whom disclosure is made under this
Section shall not redisclose any information except as provided in this Act.
Notwithstanding any other provision of this Section, a therapist has
the right to communicate at any time and in any fashion with his or her counsel
or professional liability insurance carrier, or both, concerning any care or
treatment he or she provided, or assisted in providing,
to any recipient. A therapist has the right to communicate at any time
and in any fashion with his or her present or former employer, principal,
partner, professional corporation, or professional liability insurance carrier,
or counsel for any of those entities, concerning any
care or treatment he or she provided, or assisted in providing, to the
recipient
within the scope of his or her employment, affiliation, or other agency with
the employer, principal, partner, or professional corporation.
This amendatory Act of 1995 applies to causes of action filed on or after
its effective date.
(Source: P.A. 89‑7, eff. 3‑9‑95; 90‑512, eff. 8‑22‑97.)
(Text of Section WITHOUT the changes made by
P.A. 89‑7, which has been held unconstitutional)
Sec. 9.
In the course of providing services and after the conclusion of the
provision of services, a therapist may disclose a record or communications
without consent to:
(1) the therapist's supervisor, a consulting
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therapist, members of a staff team participating in the provision of services, a record custodian, or a person acting under the supervision and control of the therapist;
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(2) persons conducting a peer review of the services
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(3) the Institute for Juvenile Research and the
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Institute for the Study of Developmental Disabilities;
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(4) an attorney or advocate consulted by a therapist
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or agency which provides services concerning the therapist's or agency's legal rights or duties in relation to the recipient and the services being provided; and
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(5) the Inspector General of the Department of
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Children and Family Services when such records or communications are relevant to a pending investigation authorized by Section 35.5 of the Children and Family Services Act where:
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(A) the recipient was either (i) a parent,
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foster parent, or caretaker who is an alleged perpetrator of abuse or neglect or the subject of a dependency investigation or (ii) a non‑ward victim of alleged abuse or neglect, and
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(B) available information demonstrates that the
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mental health of the recipient was or should have been an issue to the safety of the child.
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In the course of providing services, a therapist may disclose a record or
communications without consent to any department, agency, institution or
facility which has custody of the recipient pursuant to State statute or any
court order of commitment.
Information may be disclosed under this Section only to the extent that
knowledge of the record or communications is essential to the purpose for
which disclosure is made and only after the recipient is informed that such
disclosure may be made. A person to whom disclosure is made under this
Section shall not redisclose any information except as provided in this Act.
(Source: P.A. 86‑955; 90‑512, eff. 8‑22‑97.)
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(740 ILCS 110/10) (from Ch. 91 1/2, par. 810)
Sec. 10. (a) Except as provided herein, in any civil, criminal,
administrative, or legislative proceeding, or in any proceeding preliminary
thereto, a recipient, and a therapist on behalf and in the interest of a
recipient, has the privilege to refuse to disclose and to prevent the
disclosure of the recipient's record or communications.
(1) Records and communications may be disclosed in a |
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civil, criminal or administrative proceeding in which the recipient introduces his mental condition or any aspect of his services received for such condition as an element of his claim or defense, if and only to the extent the court in which the proceedings have been brought, or, in the case of an administrative proceeding, the court to which an appeal or other action for review of an administrative determination may be taken, finds, after in camera examination of testimony or other evidence, that it is relevant, probative, not unduly prejudicial or inflammatory, and otherwise clearly admissible; that other satisfactory evidence is demonstrably unsatisfactory as evidence of the facts sought to be established by such evidence; and that disclosure is more important to the interests of substantial justice than protection from injury to the therapist‑recipient relationship or to the recipient or other whom disclosure is likely to harm. Except in a criminal proceeding in which the recipient, who is accused in that proceeding, raises the defense of insanity, no record or communication between a therapist and a recipient shall be deemed relevant for purposes of this subsection, except the fact of treatment, the cost of services and the ultimate diagnosis unless the party seeking disclosure of the communication clearly establishes in the trial court a compelling need for its production. However, for purposes of this Act, in any action brought or defended under the Illinois Marriage and Dissolution of Marriage Act, or in any action in which pain and suffering is an element of the claim, mental condition shall not be deemed to be introduced merely by making such claim and shall be deemed to be introduced only if the recipient or a witness on his behalf first testifies concerning the record or communication.
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(2) Records or communications may be disclosed in a
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civil proceeding after the recipient's death when the recipient's physical or mental condition has been introduced as an element of a claim or defense by any party claiming or defending through or as a beneficiary of the recipient, provided the court finds, after in camera examination of the evidence, that it is relevant, probative, and otherwise clearly admissible; that other satisfactory evidence is not available regarding the facts sought to be established by such evidence; and that disclosure is more important to the interests of substantial justice than protection from any injury which disclosure is likely to cause.
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(3) In the event of a claim made or an action filed
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by a recipient, or, following the recipient's death, by any party claiming as a beneficiary of the recipient for injury caused in the course of providing services to such recipient, the therapist and other persons whose actions are alleged to have been the cause of injury may disclose pertinent records and communications to an attorney or attorneys engaged to render advice about and to provide representation in connection with such matter and to persons working under the supervision of such attorney or attorneys, and may testify as to such records or communication in any administrative, judicial or discovery proceeding for the purpose of preparing and presenting a defense against such claim or action.
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(4) Records and communications made to or by a
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therapist in the course of examination ordered by a court for good cause shown may, if otherwise relevant and admissible, be disclosed in a civil, criminal, or administrative proceeding in which the recipient is a party or in appropriate pretrial proceedings, provided such court has found that the recipient has been as adequately and as effectively as possible informed before submitting to such examination that such records and communications would not be considered confidential or privileged. Such records and communications shall be admissible only as to issues involving the recipient's physical or mental condition and only to the extent that these are germane to such proceedings.
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(5) Records and communications may be disclosed in a
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proceeding under the Probate Act of 1975, to determine a recipient's competency or need for guardianship, provided that the disclosure is made only with respect to that issue.
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(6) Records and communications may be disclosed when
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such are made during treatment which the recipient is ordered to undergo to render him fit to stand trial on a criminal charge, provided that the disclosure is made only with respect to the issue of fitness to stand trial.
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(7) Records and communications of the recipient may
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be disclosed in any civil or administrative proceeding involving the validity of or benefits under a life, accident, health or disability insurance policy or certificate, or Health Care Service Plan Contract, insuring the recipient, but only if and to the extent that the recipient's mental condition, or treatment or services in connection therewith, is a material element of any claim or defense of any party, provided that information sought or disclosed shall not be redisclosed except in connection with the proceeding in which disclosure is made.
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(8) Records or communications may be disclosed when
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such are relevant to a matter in issue in any action brought under this Act and proceedings preliminary thereto, provided that any information so disclosed shall not be utilized for any other purpose nor be redisclosed except in connection with such action or preliminary proceedings.
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(9) Records and communications of the recipient may
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be disclosed in investigations of and trials for homicide when the disclosure relates directly to the fact or immediate circumstances of the homicide.
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(10) Records and communications of a deceased
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recipient may be disclosed to a coroner conducting a preliminary investigation into the recipient's death under Section 3‑3013 of the Counties Code. However, records and communications of the deceased recipient disclosed in an investigation shall be limited solely to the deceased recipient's records and communications relating to the factual circumstances of the incident being investigated in a mental health facility.
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(11) Records and communications of a recipient shall
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be disclosed in a proceeding where a petition or motion is filed under the Juvenile Court Act of 1987 and the recipient is named as a parent, guardian, or legal custodian of a minor who is the subject of a petition for wardship as described in Section 2‑3 of that Act or a minor who is the subject of a petition for wardship as described in Section 2‑4 of that Act alleging the minor is abused, neglected, or dependent or the recipient is named as a parent of a child who is the subject of a petition, supplemental petition, or motion to appoint a guardian with the power to consent to adoption under Section 2‑29 of the Juvenile Court Act of 1987.
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(12) Records and communications of a recipient may
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be disclosed when disclosure is necessary to collect sums or receive third party payment representing charges for mental health or developmental disabilities services provided by a therapist or agency to a recipient; however, disclosure shall be limited to information needed to pursue collection, and the information so disclosed may not be used for any other purposes nor may it be redisclosed except in connection with collection activities. Whenever records are disclosed pursuant to this subdivision (12), the recipient of the records shall be advised in writing that any person who discloses mental health records and communications in violation of this Act may be subject to civil liability pursuant to Section 15 of this Act or to criminal penalties pursuant to Section 16 of this Act or both.
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(b) Before a disclosure is made under subsection (a), any party to the
proceeding or any other interested person may request an in camera review
of the record or communications to be disclosed. The court or agency
conducting the proceeding may hold an in camera review on its own motion.
When, contrary to the express wish of the recipient, the therapist asserts
a privilege on behalf and in the interest of a recipient, the court may
require that the therapist, in an in camera hearing, establish that
disclosure is not in the best interest of the recipient. The court or
agency may prevent disclosure or limit disclosure to the extent that other
admissible evidence is sufficient to establish the facts in issue. The
court or agency may enter such orders as may be necessary in order to
protect the confidentiality, privacy, and safety of the recipient or of
other persons. Any order to disclose or to not disclose shall be
considered a final order for purposes of appeal and shall be subject to
interlocutory appeal.
(c) A recipient's records and communications may be disclosed to a
duly authorized committee, commission or subcommittee of the General
Assembly which possesses subpoena and hearing powers, upon a written
request approved by a majority vote of the committee, commission or
subcommittee members. The committee, commission or subcommittee may
request records only for the purposes of investigating or studying
possible violations of recipient rights. The request shall state the
purpose for which disclosure is sought.
The facility shall notify the recipient, or his guardian, and therapist in
writing of any disclosure request under this subsection within 5 business
days after such request. Such notification shall also inform the
recipient, or guardian, and therapist of their right to object to the
disclosure within 10 business days after receipt of the notification and
shall include the name, address and telephone number of the
committee, commission or subcommittee member or staff person with whom an
objection shall be filed. If no objection has been filed within 15
business days after the request for disclosure, the facility shall disclose
the records and communications to the committee, commission or
subcommittee. If an objection has been filed within 15 business days after
the request for disclosure, the facility shall disclose the records and
communications only after the committee, commission or subcommittee has
permitted the recipient, guardian or therapist to present his objection in
person before it and has renewed its request for disclosure by a majority
vote of its members.
Disclosure under this subsection shall not occur until all personally
identifiable data of the recipient and provider are removed from the
records and communications. Disclosure under this subsection shall not
occur in any public proceeding.
(d) No party to any proceeding described under paragraphs (1), (2),
(3), (4), (7), or (8) of subsection (a) of this Section, nor his or
her attorney, shall serve a subpoena seeking to obtain access to records or
communications under this Act unless the subpoena is accompanied by a
written order issued by a judge, authorizing the disclosure of the records
or the issuance of the subpoena. No person shall comply with a subpoena for
records or communications under this Act, unless the subpoena is
accompanied by a written order authorizing the issuance of the subpoena or
the disclosure of the records.
(e) When a person has been transported by a peace officer to a mental
health facility, then upon the request of a peace officer, if the person is
allowed to leave the mental health facility within 48 hours of arrival,
excluding Saturdays, Sundays, and holidays, the facility director shall notify
the local law enforcement authority prior to the release of the person. The
local law enforcement authority may re‑disclose the information as necessary to
alert the appropriate enforcement or prosecuting authority.
(f) A recipient's records and communications shall be disclosed to the
Inspector General of the Department of Human Services within 10 business days
of a request by the Inspector General
(i) in the course of an investigation authorized by the Abused and Neglected Long
Term Care Facility Residents Reporting Act and applicable rule or (ii) during the course of an assessment authorized by the Abuse of Adults with Disabilities Intervention Act and applicable rule. The request
shall be
in writing and signed by the Inspector General or his or her designee. The
request shall state the purpose for which disclosure is sought. Any person who
knowingly and willfully refuses to comply with such a request is guilty of a
Class A misdemeanor.
(Source: P.A. 92‑358, eff. 8‑15‑01; 92‑708, eff. 7‑19‑02; 93‑751, eff. 7‑15‑04.)
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(740 ILCS 110/11) (from Ch. 91 1/2, par. 811)
Sec. 11.
Disclosure of records and communications.
Records and
communications may be disclosed:
(i) in accordance with the provisions of the Abused |
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and Neglected Child Reporting Act;
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(ii) when, and to the extent, a therapist, in his or
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her sole discretion, determines that disclosure is necessary to initiate or continue civil commitment proceedings under the laws of this State or to otherwise protect the recipient or other person against a clear, imminent risk of serious physical or mental injury or disease or death being inflicted upon the recipient or by the recipient on himself or another;
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(iii) when, and to the extent disclosure is, in the
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sole discretion of the therapist, necessary to the provision of emergency medical care to a recipient who is unable to assert or waive his or her rights hereunder;
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(iv) when disclosure is necessary to collect sums or
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receive third party payment representing charges for mental health or developmental disabilities services provided by a therapist or agency to a recipient under Chapter V of the Mental Health and Developmental Disabilities Code or to transfer debts under the Uncollected State Claims Act; however, disclosure shall be limited to information needed to pursue collection, and the information so disclosed shall not be used for any other purposes nor shall it be redisclosed except in connection with collection activities;
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(v) when requested by a family member, the
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Department of Human Services may assist in the location of the interment site of a deceased recipient who is interred in a cemetery established under Section 100‑26 of the Mental Health and Developmental Disabilities Administrative Act;
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(vi) in judicial proceedings under Article VIII of
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Chapter III and Article V of Chapter IV of the Mental Health and Developmental Disabilities Code and proceedings and investigations preliminary thereto, to the State's Attorney for the county or residence of a person who is the subject of such proceedings, or in which the person is found, or in which the facility is located, to the attorney representing the recipient in the judicial proceedings, to any person or agency providing mental health services that are the subject of the proceedings and to that person's or agency's attorney, to any court personnel, including but not limited to judges and circuit court clerks, and to a guardian ad litem if one has been appointed by the court, provided that the information so disclosed shall not be utilized for any other purpose nor be redisclosed except in connection with the proceedings or investigations;
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(vii) when, and to the extent disclosure is
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necessary to comply with the requirements of the Census Bureau in taking the federal Decennial Census;
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(viii) when, and to the extent, in the therapist's
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sole discretion, disclosure is necessary to warn or protect a specific individual against whom a recipient has made a specific threat of violence where there exists a therapist‑recipient relationship or a special recipient‑individual relationship;
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(ix) in accordance with the Sex Offender
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(x) in accordance with the Rights of Crime Victims
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Any person, institution, or agency, under
this Act, participating in good faith in the making of a report under the
Abused and Neglected Child Reporting Act or in the disclosure of records and
communications under this Section, shall have immunity from any liability,
civil, criminal or otherwise, that might result by reason of such action. For
the purpose of any proceeding, civil or criminal, arising out of a report or
disclosure under this Section, the good faith of any person, institution, or
agency so reporting or disclosing shall be presumed.
(Source: P.A. 90‑423, eff. 8‑15‑97; 90‑538, eff. 12‑1‑97; 90‑655, eff.
7‑30‑98; 91‑357, eff. 7‑29‑99.)
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(740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
Sec. 12.
(a) If the United States Secret Service or the Department of
State Police requests information from a mental health or developmental
disability facility, as defined in Section 1‑107 and 1‑114 of the Mental
Health and Developmental Disabilities Code, relating to a specific
recipient and the facility director determines that disclosure of such
information may be necessary to protect the life of, or to prevent
the infliction of great bodily harm to, a public official,
or a person under the protection of the United
States Secret Service, only the following information
may be disclosed: the recipient's name, address, and age and the date of
any admission to or discharge from a facility; and any information which
would indicate whether or not the recipient has a history of violence or
presents a danger of violence to the person under protection. Any information
so disclosed shall be used for investigative purposes only and shall not
be publicly disseminated.
Any person participating in good faith in the disclosure of such
information in accordance with this provision shall have immunity from any
liability, civil, criminal or otherwise, if such information is disclosed
relying upon the representation of an officer of the United States Secret
Service or the Department of State Police that a person is under the
protection of the United States Secret Service or is a public official.
For the purpose of this subsection (a), the term "public official" means
the Governor, Lieutenant Governor, Attorney General, Secretary of State,
State Comptroller, State Treasurer or member of the General Assembly. The
term shall also include the spouse, child or children of a public official.
(b) The Department of Human Services (acting as successor to the
Department of Mental Health and Developmental Disabilities) and all
private hospitals are required, as hereafter described in this subsection,
to furnish the Department of State Police only such information as may
be required for the sole purpose of determining whether an individual who
may be or may have been a patient is disqualified because of that status
from receiving or retaining a Firearm Owner's Identification Card under
subsection (e) of Section 8 of the Firearm Owners Identification Card
Act. All private hospitals shall, in the form and manner required
by the Department, provide such information as shall be necessary for the
Department to comply with the reporting requirements to the Department of
State Police. Such information shall be furnished within 30 days after
admission to a private hospital. Any such information disclosed under
this subsection shall
remain privileged and confidential, and shall not be redisclosed nor utilized
for any other purpose. The method of requiring the providing of such
information shall guarantee that no information is released beyond what
is necessary for this purpose. In addition, the information disclosed
shall be provided
by the Department within the time period established by Section 24‑3 of the
Criminal Code of 1961 regarding the delivery of firearms. The method used
shall be sufficient to provide the necessary information within the
prescribed time period, which may include periodically providing
lists to the Department of Human Services
or any private hospital of Firearm Owner's Identification Card applicants
on which the Department or hospital shall indicate the identities of those
individuals who are to its knowledge disqualified from having a Firearm
Owner's Identification Card for reasons described herein. The Department
may provide for a centralized source
of information for the State on this subject under its jurisdiction.
Any person, institution, or agency, under this Act, participating in
good faith in the reporting or disclosure of records and communications
otherwise in accordance with this provision or with rules, regulations or
guidelines issued by the Department shall have immunity from any
liability, civil, criminal or otherwise, that might result by reason of the
action. For the purpose of any proceeding, civil or criminal,
arising out of a report or disclosure in accordance with this provision,
the good faith of any person,
institution, or agency so reporting or disclosing shall be presumed. The
full extent of the immunity provided in this subsection (b) shall apply to
any person, institution or agency that fails to make a report or disclosure
in the good faith belief that the report or disclosure would violate
federal regulations governing the confidentiality of alcohol and drug abuse
patient records implementing 42 U.S.C. 290dd‑3 and 290ee‑3.
For purposes of this subsection (b) only, the following terms shall have
the meaning prescribed:
(1) "Hospital" means only that type of institution |
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which is providing full‑time residential facilities and treatment for in‑patients and excludes institutions, such as community clinics, which only provide treatment to out‑patients.
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(2) "Patient" shall mean only a person who is an
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in‑patient or resident of any hospital, not an out‑patient or client seen solely for periodic consultation.
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(c) Upon the request of a peace officer who takes a person into custody
and transports such person to a mental health or developmental disability
facility pursuant to Section 3‑606 or 4‑404 of the Mental Health and
Developmental Disabilities Code or who transports a person from such facility,
a facility director shall furnish said peace officer the name, address, age
and name of the nearest relative of the person transported to or from the
mental health or developmental disability facility. In no case shall the
facility director disclose to the peace officer any information relating to the
diagnosis, treatment or evaluation of the person's mental or physical health.
For the purposes of this subsection (c), the terms "mental health or
developmental disability facility", "peace officer" and "facility director"
shall have the meanings ascribed to them in the Mental Health and
Developmental Disabilities Code.
(d) Upon the request of a peace officer or prosecuting authority who is
conducting a bona fide investigation of a criminal offense, or attempting to
apprehend a fugitive from justice,
a facility director may disclose whether a person is present at the facility.
Upon request of a peace officer or prosecuting authority who has a valid
forcible felony warrant issued, a facility director shall disclose: (1) whether
the person who is the subject of the warrant is present at the facility and (2)
the
date of that person's discharge or future discharge from the facility.
The requesting peace officer or prosecuting authority must furnish a case
number and the purpose of the investigation or an outstanding arrest warrant at
the time of the request. Any person, institution, or agency
participating in good faith in disclosing such information in accordance with
this subsection (d) is immune from any liability, civil, criminal or
otherwise, that might result by reason of the action.
(Source: P.A. 92‑738, eff. 7‑25‑02.)
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(740 ILCS 110/12.2) (from Ch. 91 1/2, par. 812.2)
Sec. 12.2.
(a) When a recipient who has been judicially or involuntarily
admitted, or is a forensic recipient admitted to a developmental disability
or mental health facility, as defined in Section 1‑107 or 1‑114 of the
Mental Health and Developmental Disabilities Code, is on an unauthorized
absence or otherwise has left the facility without being discharged or
being free to do so, the facility director shall immediately furnish and
disclose to the appropriate local law enforcement agency identifying
information, as defined in this Section, and all further information
unrelated to the diagnosis, treatment or evaluation of the recipient's
mental or physical health that would aid the law enforcement agency in
locating and apprehending the recipient and returning him to the facility.
(b) If a law enforcement agency requests information from a
developmental disability or mental health facility, as defined in Section
1‑107 or 1‑114 of the Mental Health and Developmental Disabilities Code,
relating to a recipient who has been admitted to the facility
and for whom a missing person report has been filed with a law enforcement
agency, the facility director shall, except in the case of a voluntary
recipient wherein the recipient's permission in writing must first be
obtained, furnish and disclose to the law enforcement agency identifying
information as is necessary to confirm or deny whether that person is, or
has been since the missing person report was filed, a resident of that
facility. The facility director shall notify the law enforcement agency if
the missing person is admitted after the request. Any person participating
in good faith in the disclosure of information in accordance with this
provision shall have immunity from any liability, civil, criminal, or
otherwise, if the information is disclosed relying upon the representation
of an officer of a law enforcement agency that a missing person report has
been filed.
(c) Upon the request of a law enforcement agency in connection with the
investigation of a particular felony or sex offense, when the investigation
case file number is furnished by the law enforcement agency, a facility
director shall immediately disclose to that law enforcement agency
identifying information on any forensic recipient who is admitted to
a developmental disability or mental health facility, as defined in Section
1‑107 or 1‑114 of the Mental Health and Developmental Disabilities Code,
who was or may have been away from the facility at or about the time of the
commission of a particular felony or sex offense, and: (1) whose
description, clothing, or both reasonably match the physical description of
any person allegedly involved in that particular felony or sex offense; or
(2) whose past modus operandi matches the modus operandi of that particular
felony or sex offense.
(d) For the purposes of this Section and Section 12.1, "law
enforcement agency" means an agency of the State or unit of local
government that is vested by law or ordinance with the duty to maintain
public order and to enforce criminal laws or ordinances, the Federal
Bureau of Investigation, the Central Intelligence Agency, and the United
States Secret Service.
(e) For the purpose of this Section, "identifying information" means
the name, address, age, and a physical description, including clothing,
of the recipient of services, the names and addresses of the
recipient's nearest known relatives, where the recipient was known to have been
during any past unauthorized absences from a facility, whether the
recipient may be suicidal, and the condition of the recipient's physical
health as it relates to exposure to the weather. Except as provided in
Section 11, in no case shall the facility director disclose to the law
enforcement agency any information relating to the diagnosis, treatment, or
evaluation of the recipient's mental or physical health, unless the
disclosure is deemed necessary by the facility director to insure the
safety of the investigating officers or general public.
(f) For the purpose of this Section, "forensic recipient" means a
recipient who is placed in a developmental disability facility or mental
health facility, as defined in Section 1‑107 or 1‑114 of the Mental Health
and Developmental Disabilities Code, pursuant to Article 104 of the Code of
Criminal Procedure or Sections 3‑8‑5, 3‑10‑5 or 5‑2‑4 of the Unified Code
of Corrections.
(Source: P.A. 85‑666; 85‑971; 86‑1417.)
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